Incorporating a new association

The proposed name should reflect the purpose of the association. NSW Fair Trading will determine if the proposed name is acceptable.

In most cases, a name will be unacceptable if it is identical or similar to one that is already registered. Applicants can check if a name is similar to one already registered by searching the Organisation and Business Names search facility on the Australian Security and Investments Commission website at connectonline.asic.gov.au

You can also find out if the proposed name is registered by an incorporated association by doing a free online search through the NSW incorporated associations online register. This provides key information about incorporated associations registered in NSW, including an entity's incorporation name and number, date of incorporation and registration status.

If you intend to reserve a name prior to applying for registration, the Application for reservation of name form is available from the Associations forms page on the Fair Trading website. Additional information on naming an incorporated association is available on the Naming your incorporated association page on the Fair Trading website.

Authorise an application for registration of the incorporated association

An application for registration includes:

the proposed name of the association

a statement of the association's objects

a copy of the association's proposed constitution, or a statement that the association's proposed constitution adopts the model constitution without modification, and

the association's first public officer.

In the case of 5 or more individuals proposing to register an association, they are each required to authorise the first public officer to apply for incorporation of the association.

In the case of an existing unincorporated body, the application must be authorised by a special resolution passed by members of the unincorporated body. A copy of the special resolution must be included with the application for registration.

Transferring an existing co-operative or company

An existing co-operative registered in NSW, a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth or a company (registrable corporations) can apply to transfer its registration to become an incorporated association. If an organisation is applying to transfer its incorporation, follow these steps:

Can an association be refused incorporation?

Fair Trading may refuse to register an association and may direct an association to apply for cancellation. Fair Trading will consider whether an association should not be registered by taking into account the objects of the Act and the following:

if the provisions of the association's constitution is contrary to law

the association's objects

where the nature or extent of the association's activities is likely to exceed $2 million or more in income, assets or expenditure

the likely nature or extent of the association's dealings with the public, or

Other things to consider

Tax exemptions

If the association intends to seek exemption from income tax and other tax concessions, its constitution may need to include specific clauses to meet Australian Taxation Office requirements. For more information on tax exemptions, visit the Australian Taxation Office website at www.ato.gov.au

Australia business number (ABN)

The Act does not require incorporated association to have an ABN. However, the association may need one for taxation purposes. For more information on ABNs, visit the Australian Business Register website at abr.gov.au